Oxford BA: Commercial Law Exam Paper

MegaSupply Ltd sells 500 tonnes of wheat to BreadCo Ltd under a contract requiring delivery by 1 March. The wheat is stored in MegaSupply's warehouse mixed with 2,000 tonnes of identical wheat belonging to other buyers. On 15 February, the warehouse floods and 1,500 tonnes are destroyed. MegaSupply purports to deliver the remaining 500 tonnes to BreadCo. Advise the parties on: (a) when property passed, (b) who bears the risk, and (c) BreadCo's remedies.

"Retention of title clauses are a triumph of form over substance — they give unpaid sellers an unfair advantage over other creditors in insolvency." Critically evaluate.

Petra instructs Jack, a commercial agent, to negotiate the purchase of office equipment. Jack's written agreement limits his authority to purchases under £10,000. Jack negotiates a deal with OfficePro Ltd for equipment worth £25,000, telling OfficePro he has full authority. Jack has previously made purchases of this size on Petra's behalf, which Petra paid. Advise Petra as to whether she is bound by the contract.

"The Consumer Rights Act 2015 has struck the right balance between consumer protection and commercial certainty." Discuss with reference to the remedies hierarchy for goods.